Chapter 3 Relevant market definition in WTO law
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This chapter examines how 'likeness' is defined for the purposes of WTO law with the aim of laying the foundations on which to undertake, in chapter 4, the comparison, explanation, and comparative evaluation of WTO law and EU competition law with regard to market definition. The chapter begins by describing competitive relationships between products, services, and service suppliers in WTO law, gives an account of the various degrees of competitiveness found in those provisions and introduces the reader to key concepts such as inter alia, 'like products', 'directly competitive or substitutable products', and the 'accordion of likeness'. It then presents the basic framework and method of market definition in WTO law, in particular the four Border Tax Adjustment criteria and how they have been applied in different provisions of the WTO covered agreements referring to competitive relationships between products, services, and service suppliers. Drawing from the description, the chapter explores whether the determination of competitive relationships between goods and services in WTO law is a form of definition of the relevant market and, if it is, what function exactly it fulfils. The chapter establishes that the WTO is gradually moving towards an approach to 'likeness' that resembles competition law's method for relevant market definition.

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